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201508 Borrower, acting in good faith and exercising due diligence, has determined that the tenant is financially capable of performing its obligations under the Lease; (b) is received by Lender, together with any guaranty(ies) and fmancial information received by Borrower regarding the tenant and any guarantor(s), within fifteen (15) days after execution; (c) reflects an arm's length transaction; (d) contains no option or right of first refusal to purchase all or any portion of the Property; and (e) does not cover in excess of 5,000 square feet of net rentable area of the improvements on the Property. Borrower shall provide to Lender a correct and complete copy of each Lease, including any exhibits, and any guaranty(ies) thereof, prior to execution unless the Lease meets the foregoing requirements for a Minor Lease. 5.2 Performance under Leases. The Borrower shall observe and perform all of the covenants, terms, conditions and agreements contained in the Leases to be observed or performed by the lessor thereunder, and the Borrower shall not do or suffer to be done anything to impair the security thereof. The Borrower shall not (i) release the liability of any Lessee under any Lease or any guaranty thereof except for a Minor Lease, (ii) consent to any Lessee's withholding of rent or making monetary advances and off - setting the same against future rentals, (iii) consent to any Lessee's claim of a total or partial eviction, (iv) except for a Minor Lease, consent to a termination or cancellation of any Lease, except as specifically provided above or in such Lease, or (v) enter into any oral Leases with respect to all or any portion of the Property; 5.3 Collection of Rents. The Borrower shall not collect any of the Rents, issues, income or profits assigned hereunder more than thirty (30) days in advance of the time when the same shall become due, except for security or similar deposits; 5.4 Further Assignment. The Borrower shall not make any other assignment of its entire or any part of its interest in or to any or all Leases, or any or all Rents, except as specifically permitted by the Loan Documents; 5.5 Lease Guaranty. Except for a Minor Lease, the Borrower shall not alter, modify or change the terms of any guaranty of any Lease, or cancel or terminate any such guaranty or do or permit to be done anything which would terminate any such guaranty as a matter of law; 5.6 Waive Rental Payments. The Borrower shall not waive or excuse the obligation to pay rent under any Lease; 5.7 Defending Actions. The Borrower shall, at its sole cost and expense, appear in and defend any and all actions and proceedings arising under, relating to or in any manner connected with any Lease or the obligations, duties or liabilities of the lessor or any Lessee or guarantor thereunder, and shall pay all costs and expenses of the Lender, including court costs and reasonable attorneys' fees, in any such action or proceeding in which the Lender may appear; 5.8 Enforcement. The Borrower shall enforce the observance and performance of each covenant, term, condition and agreement contained in each Lease to be observed and performed by the Lessees and guarantors thereunder to the extent enforcement is prudent under the circumstances; 516677072 4